TERMS OF USE AND NOTICES

Agreement between user and Italian Kitchen USA, Inc. The Italian Kitchen USA, Inc. ("IK Website") website is owned, operated, and maintained by Italian Kitchen USA, Inc., an Delaware corporation located in New York, New York ("IK").Acceptance of terms The IK Website and its related services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the IK Website, including placing orders to purchase products from IK, as available, constitutes your agreement to all such terms, conditions, and notices. Your use of a particular section of the IK Website may also be subject to additional terms as set forth in such section ("Additional Terms"). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the IK Website or with any terms included with any product purchased from IK, then these terms shall control.Site license and access IK grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of IK. This license does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of IK and/or its affiliates without express written consent of IK. You may not use any meta tags or any other "hidden text" utilizing IK's name or trademarks without the express written consent of IK. Any unauthorized use terminates the permission or license granted by IK. You may not create a link to the IK Website without express written permission of IK. If permission is granted, such permission will consist of a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the IK Website so long as the link does not portray IK, its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any IK logo or other proprietary graphic or trademark as part of the link without express written permission of IK.No unlawful or prohibited use As a condition of your use of the IK Website, you will not use the IK Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the IK Website in any manner which could damage, disable, overburden, or impair the IK Website (or the network(s) connected to the IK Website) or interfere with any other party's use and enjoyment of the IK Website. You may not attempt to gain unauthorized access to the IK Website, other accounts, computer systems or networks connected to the IK Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the IK Website.Personal and non-commercial use limitation Unless otherwise specified, the IK Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the IK Website. Where this provision, and only this provision unless stated otherwise herein, conflicts with an agreement between IK and IK's business partners and customers ("Business Agreement"), the Business Agreement shall control.Modification of these terms of use IK reserves the right to change the terms, conditions, and notices concerning use of the IK Website without notice. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of the IK Website. Your continued use of the IK Website constitutes your agreement to all such terms, conditions, and notices.Termination/Access restriction IK reserves the right, in its sole discretion, to terminate or limit your access to any or all of the IK Website or any portion thereof at any time, without notice. You must be at least 18 years of age to transact any business with IK or to submit any Personal Information to IK. As such, if you transact or attempt to transact any business with IK or submit or attempt to submit any Personal Information to IK, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE IK WEBSITE IN ACCORDANCE WITH THE STATED TERMS AND USAGE POLICIES. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) to access the IK Website.Materials provided to IK If you submit any feedback, suggestions, recipes or other communications (each a "Submission" and collectively "Submissions") to the IK Website or to IK, you are granting IK, its affiliated companies and its designees and sub licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. IK is under no obligation to post or use any Submission you may provide and IK may remove any Submission at any time in its sole discretion.Trademarks All trademarks and trade dress that appear on the IK Website ("Trademarks") are trademarks/trade dress or registered trademarks/trade dress of IK (unless indicated otherwise) or its subsidiaries or parent companies, in the United States and other countries. The Trademarks are valuable assets of IK and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to IK and, as such, may only by used by IK or other authorized persons or entities for the benefit of IK and only in connection with the products and services authorized by IK. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits IK, its affiliates, subsidiaries or parent companies is strictly prohibited. You may not use any of the Trademarks in any manner without the prior written consent of IK. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.Copyright All content that is made available to view and/or download in connection with the IK Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, ("Content") and software ("Software"), is owned by and is the copyrighted work of IK and/or its suppliers and is protected by United States copyright laws and international treaty provisions. The compilation of all content on the IK Website is the exclusive property of IK and is protected by United States copyright laws and international treaty provisions. All Software used on this site is the property of IK and/or its software suppliers and is protected by United States copyright laws and international treaty provisions. Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.Notices and procedure for making claims of copyright infringement For information about copyright or infringement claims, please CLICK HEREMember account, password, and security Certain customers and partners of IK may receive a password from IK to access certain information on the IK Website. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify IK immediately of any unauthorized use of your account or any other breach of security. IK will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by IK or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder and IK.Links to third party sites The IK Website may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of IK and IK is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. IK is not responsible for webcasting or any other form of transmission received from any Linked Site nor is IK responsible if the Linked Site is not working appropriately. IK is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by IK of the site or any association with its operators. You are responsible for viewing, being aware of and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings by you with third parties (including advertisers) included within the IK Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. IK shall not be responsible or liable for any part of any such dealings or promotions.Risk of loss for purchases All promotional items purchased from IK, either through the IK Website or by other means, are made pursuant to a shipment contract. Delivery of goods shall be the responsibility of the carriers selected by IK. However, in the event that any goods shipped to you are damaged or lost, IK shall issue you a prompt refund for the full amount of the goods damaged or lost. IK's liability is limited to the amount of the damaged or lost goods ordered and, therefore, does not extend to cover any direct, indirect, incidental or consequential damages resulting from the damage or loss of the goods. Please see DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY below for further information. All inquiries regarding damaged or lost goods should be directed to our Customer Service department.Product warranty information Parties other than IK manufacture certain products offered on the IK Website. The third party manufactured products often carry warranties from their manufacturer. Please check with the manufacturer of the product for complete details regarding any warranty the product may be covered under. Please see DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY below for further information.Privacy and protection of personal information See the Privacy Statement for disclosures relating to the collection and use of your personal information.Disclaimer of warranties and limitation of liability THE INFORMATION, SOFTWARE, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE IK WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE IK WEBSITE AND TO THE INFORMATION THEREIN. IK AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE IK WEBSITE AT ANY TIME. IK AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE IK WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IK AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT IK SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE IK WEBSITE. YOU SPECIFICALLY AGREE THAT IK IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT IK IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE IK WEBSITE BY ANY THIRD PARTY. IN NO EVENT SHALL IK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE IK WEBSITE, WITH THE DELAY OR INABILITY TO USE THE IK WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE IK WEBSITE , OR OTHERWISE ARISING OUT OF THE USE OF THE IK WEBSITE , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ANY EVENT, IK'S LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT PAID BY YOU TO IK TO ACCESS THE IK WEBSITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST IK. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE IK WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE IK WEBSITE.Indemnification You agree to indemnify and hold IK, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the IK Website and/or any information (text or graphical), software, or products obtained through the IK Website and/or from IK.Applicable law All disputes against IK, including but not limited to disputes as to this Terms of Use; the site license; site access restriction and/or termination; IK's trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property disputes; member accounts; privacy; and disclaimer of warranties shall be governed by the laws of the State of New York, U.S.A. and shall be submitted to a state or federal court in the State of New York, and you irrevocably consent to exclusive jurisdiction and venue in such courts. Use of the IK Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Applicable Law section.Severability If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.Language It is the express will of the parties that this agreement and all related documents have been drawn up in English.Entire agreement Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and IK with respect to the IK Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and IK with respect to the IK Website.Electronic records and communications A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.Customer service If you have any questions, comments, or concerns, please contact our customer service department, without charge, Monday through Friday via e-mail at customer.relations@barillarestaurants.com.

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